Common use of General Provisions Regarding Payments Clause in Contracts

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 15 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

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General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 14 contracts

Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 9 contracts

Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 8 contracts

Samples: Term Loan and Guaranty Agreement (Neogenomics Inc), Intercreditor Agreement (RadNet, Inc.), Counterpart Agreement (RadNet, Inc.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 7 contracts

Samples: Joinder and Second Amendment Agreement (Ocwen Financial Corp), Counterpart Agreement (Ocwen Financial Corp), Credit and Guaranty Agreement (Grifols SA)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars (unless otherwise expressly provided herein) in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Terraform Global, Inc.), Credit and Guaranty Agreement (8point3 Energy Partners LP), Credit and Guaranty Agreement

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 3:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 5 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

General Provisions Regarding Payments. (a) All payments by Borrower Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Borrowers on the next succeeding Business Day.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management LLC), Credit and Guaranty Agreement (Education Management LLC)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. 11:00 a.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Term Loan Agreement (Source Interlink Companies Inc), Revolving Credit Agreement (Source Interlink Companies Inc), Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

General Provisions Regarding Payments. (a) All payments by Borrower Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Borrowers on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by applicable Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Corp), Credit and Guaranty Agreement (Mills Limited Partnership)

General Provisions Regarding Payments. (a) All payments by Borrower Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Borrowers on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.), Revolving Loan and Guaranty Agreement (Fedders Corp /De)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TiVo Corp), Credit and Guaranty Agreement (TiVo Corp)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City Boston time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and feesfees (including the Early Payment Premium), funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit Agreement (Molycorp, Inc.), Credit Agreement (Molycorp, Inc.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent each Lender not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenderssuch Lender; for purposes of computing interest and fees, funds received by Administrative Agent any Lender after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Pledge and Security Agreement (AbitibiBowater Inc.), Credit and Guaranty Agreement (AbitibiBowater Inc.)

General Provisions Regarding Payments. (a) All Subject to clause (g) below, all payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day fundsSame Day Funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) than, 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.), Two Year Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.)

General Provisions Regarding Payments. (a) All Except as otherwise provided in Section 2.20, all payments by each Borrower of principal, interest, fees and other Obligations shall be made in Dollars and in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lendersthe Banks; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by such Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations (other than PIK Amounts) shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Crosstex Energy Inc)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent Agents not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent Agents for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent Agents after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Gentek Inc)

General Provisions Regarding Payments. (a) All Except as otherwise provided in Section 2.20, all payments by each Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lendersthe Banks; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by such Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

General Provisions Regarding Payments. (a) All payments by Borrower Borrowers of principal, interest, fees and other Obligations shall be made in Dollars the currency in which such amounts are denominated in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by the applicable Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tumi Holdings, Inc.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative the Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative the Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by Administrative the Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (National Semiconductor Corp)

General Provisions Regarding Payments. (a) All Subject to Section 2.8(h), all payments by Borrower Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Education Management Corporation)

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General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities Inc)

General Provisions Regarding Payments. (a) All payments by any Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Payment Office designated by Administrative Agent for the account of the applicable Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the applicable Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cypress Semiconductor Corp /De/)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Lehman Brothers Holdings Inc)

General Provisions Regarding Payments. (a) All payments by Borrower each Pledgor or Loan Party of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. Noon (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of the Administrative Agent or the Lenders; for purposes of computing interest and fees, funds as the case may be. Funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kgen Power Corp)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensewithout, recoupment, set-off setoff, counterclaim or counterclaimother defense, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by to Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall may in the Administrative Agent’s discretion be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Intercreditor Agreement (U.S. Well Services, Inc.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of the applicable Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Covia Holdings Corp)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office a bank account in New York designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for the Persons entitled thereto. For purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day fundsSame Day Funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lannett Co Inc)

General Provisions Regarding Payments. (a) All Except as set forth herein, all payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent the Issuing Bank not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of LendersIssuing Bank; for purposes of computing interest and fees, funds received by Administrative Agent the Issuing Bank after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Albertsons Companies, Inc.)

General Provisions Regarding Payments. (a) All Except as otherwise provided in Section 2.17, all payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars and in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of LendersBanks; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars Dollars, in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Solera Holdings, Inc)

General Provisions Regarding Payments. (a) All payments by Borrower Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (x) 12:00 Los Angeles time)/3:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Entravision Communications Corp)

General Provisions Regarding Payments. (a) All payments by the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of the applicable Lenders; for . For purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Intercreditor Agreement (Fairmount Santrol Holdings Inc.)

General Provisions Regarding Payments. (a) All payments by the Lead Borrower (on behalf of the Borrowers) of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower the Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amedisys Inc)

General Provisions Regarding Payments. (a) All payments by a Borrower of principal, interest, fees and other Obligations shall be made in Dollars or Euro, as applicable, in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than (x) 12:00 2:00 p.m. (New York City timeLocal Time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Solera Holdings, Inc)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office a bank account in New York designated by Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower Xxxxxxxx on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement

General Provisions Regarding Payments. (a) All payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Possession Credit Agreement (Molycorp, Inc.)

General Provisions Regarding Payments. (a) All Borrower will make all payments by Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensedefense (other than the defense of payment), recoupment, set-off setoff or counterclaim, free of any restriction or condition, and delivered will deliver such payments to Administrative Agent not later than (x) 12:00 p.m. (New York City time) on the date due at the Principal Office designated by of Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall will be deemed to have been paid by Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)

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